This volume discusses criminology and policy analysis of adolescence. The focus is on the principles and policy of a separate and distinct system of juvenile justice. The book opens with an ...
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This volume discusses criminology and policy analysis of adolescence. The focus is on the principles and policy of a separate and distinct system of juvenile justice. The book opens with an introduction of the creation of adolescence, presenting a justification for the category of the juvenile or a period of partial responsibility before full adulthood. Subsequent sections include empirical investigations of the nature of youth criminality and legal policy towards youth crime. At the heart of the book is an argument for a penal policy that recognizes diminished responsibility and a youth policy that emphasizes the benefits of letting the maturing process continue with minimal interruption. The book concludes with applications of the core concerns to five specific problem areas in current juvenile justice: teen pregnancy, transfer to criminal court, minority overrepresentation, juvenile gun use, and youth homicide.Less

American Juvenile Justice

Franklin E. Zimring

Published in print: 2005-09-16

This volume discusses criminology and policy analysis of adolescence. The focus is on the principles and policy of a separate and distinct system of juvenile justice. The book opens with an introduction of the creation of adolescence, presenting a justification for the category of the juvenile or a period of partial responsibility before full adulthood. Subsequent sections include empirical investigations of the nature of youth criminality and legal policy towards youth crime. At the heart of the book is an argument for a penal policy that recognizes diminished responsibility and a youth policy that emphasizes the benefits of letting the maturing process continue with minimal interruption. The book concludes with applications of the core concerns to five specific problem areas in current juvenile justice: teen pregnancy, transfer to criminal court, minority overrepresentation, juvenile gun use, and youth homicide.

A principle of statutory interpretation embodies legal policy, which is based on public policy. The content is what judges think and say it is, though they are guided by relevant legislation. Legal ...
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A principle of statutory interpretation embodies legal policy, which is based on public policy. The content is what judges think and say it is, though they are guided by relevant legislation. Legal policy consists of principles the judges consider the law must uphold, such as: that law should serve the public interest, that it should be fair and just, etc. Different elements of legal policy, for example the safeguarding of personal liberty and the need for state security, may conflict. On some aspects legal policy may change drastically over a period. The court ought not to enunciate a new head of policy where Parliament has demonstrated its willingness to intervene. It is a principle of legal policy that domestic law should conform to public international law. This has been given statutory effect in relation to the European Convention on Human Rights by the Human Rights Act 1998 s 3(1).Less

Legal policy

F. A. R. Bennion

Published in print: 2009-05-28

A principle of statutory interpretation embodies legal policy, which is based on public policy. The content is what judges think and say it is, though they are guided by relevant legislation. Legal policy consists of principles the judges consider the law must uphold, such as: that law should serve the public interest, that it should be fair and just, etc. Different elements of legal policy, for example the safeguarding of personal liberty and the need for state security, may conflict. On some aspects legal policy may change drastically over a period. The court ought not to enunciate a new head of policy where Parliament has demonstrated its willingness to intervene. It is a principle of legal policy that domestic law should conform to public international law. This has been given statutory effect in relation to the European Convention on Human Rights by the Human Rights Act 1998 s 3(1).

This chapter focuses on organizations other than lobbying firms and corporate in-house lobbyists that also engage in lobbying. These include advocacy groups, think tanks, public policy organizations, ...
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This chapter focuses on organizations other than lobbying firms and corporate in-house lobbyists that also engage in lobbying. These include advocacy groups, think tanks, public policy organizations, legal policy organizations, single-issue advocacy organizations, religious organizations, trade associations, and labor unions. The chapter then discusses the overall influence of these advocacy groups and other organizations.Less

Off-the-Books Lobbying, Electioneering, and the Special Purpose Entities That Do It

RICHARD W. PAINTER

Published in print: 2009-05-01

This chapter focuses on organizations other than lobbying firms and corporate in-house lobbyists that also engage in lobbying. These include advocacy groups, think tanks, public policy organizations, legal policy organizations, single-issue advocacy organizations, religious organizations, trade associations, and labor unions. The chapter then discusses the overall influence of these advocacy groups and other organizations.

This chapter explores the way in which dispositionism maintains its dominance as an attributional framework despite failing to capture accurately the causes of human behavior. The answer lies in a ...
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This chapter explores the way in which dispositionism maintains its dominance as an attributional framework despite failing to capture accurately the causes of human behavior. The answer lies in a subordinate dynamic and discourse, naïve cynicism: the basic subconscious mechanism by which dispositionists discredit and dismiss generally more accurate situationist insights and their proponents. Without the operation of naïve cynicism, dispositionism would be far more vulnerable to challenge and change. Naïve cynicism is, thus, critically important to explaining how and why certain legal policies manage to carry the day. As a case study, the chapter considers the naïve cynical backlash against situationist accounts of the causes of prisoner abuses at Abu Ghraib, Guantanamo Bay, and other detentions centers.Less

Seeing Bias: Discrediting and Dismissing Accurate Attributions

Adam BenforadoJon Hanson

Published in print: 2012-01-11

This chapter explores the way in which dispositionism maintains its dominance as an attributional framework despite failing to capture accurately the causes of human behavior. The answer lies in a subordinate dynamic and discourse, naïve cynicism: the basic subconscious mechanism by which dispositionists discredit and dismiss generally more accurate situationist insights and their proponents. Without the operation of naïve cynicism, dispositionism would be far more vulnerable to challenge and change. Naïve cynicism is, thus, critically important to explaining how and why certain legal policies manage to carry the day. As a case study, the chapter considers the naïve cynical backlash against situationist accounts of the causes of prisoner abuses at Abu Ghraib, Guantanamo Bay, and other detentions centers.

This chapter describes a major rift extending across many important debates over our legal structures, policies, and theories of law. It argues that the divide is based, to a significant extent, on ...
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This chapter describes a major rift extending across many important debates over our legal structures, policies, and theories of law. It argues that the divide is based, to a significant extent, on contrasting attributional tendencies: the less accurate dispositionist approach, which explains outcomes and behavior with reference to people’s dispositions (that is, stable personalities, preferences, and the like), and the more accurate situationist approach, which bases attributions of causation and responsibility on unseen influences within us and around us (that is, cognitive proclivities and structures and external environmental forces). As this chapter summarizes, research on the underlying motives and conceptual metaphors behind conservatism and liberalism help explain the vital connections between those attributional styles and political ideologies.Less

Adam BenforadoJon Hanson

Published in print: 2012-01-11

This chapter describes a major rift extending across many important debates over our legal structures, policies, and theories of law. It argues that the divide is based, to a significant extent, on contrasting attributional tendencies: the less accurate dispositionist approach, which explains outcomes and behavior with reference to people’s dispositions (that is, stable personalities, preferences, and the like), and the more accurate situationist approach, which bases attributions of causation and responsibility on unseen influences within us and around us (that is, cognitive proclivities and structures and external environmental forces). As this chapter summarizes, research on the underlying motives and conceptual metaphors behind conservatism and liberalism help explain the vital connections between those attributional styles and political ideologies.

Within European administrative law, single-case implementation of European Union legal policy can occur not just through unilateral measures, but also by means of agreements or contracts concluded by ...
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Within European administrative law, single-case implementation of European Union legal policy can occur not just through unilateral measures, but also by means of agreements or contracts concluded by EU or Member State authorities. In the EU, administrative law agreements have always featured as a commonly used form of act. Europe's developing integrated administration has increased the need for, and the sophistication of, the use of such measures. Despite their substantial relevance in practice for the implementation of EU policy and law, however, agreements as form of action in EU administrative law have so far remained largely unexplored. This chapter focuses on their use in the context of the regulation of single-case situations.Less

Administrative Agreements

Herwig C.H. HofmannGerard C. RoweAlexander H. TÜrk

Published in print: 2011-10-27

Within European administrative law, single-case implementation of European Union legal policy can occur not just through unilateral measures, but also by means of agreements or contracts concluded by EU or Member State authorities. In the EU, administrative law agreements have always featured as a commonly used form of act. Europe's developing integrated administration has increased the need for, and the sophistication of, the use of such measures. Despite their substantial relevance in practice for the implementation of EU policy and law, however, agreements as form of action in EU administrative law have so far remained largely unexplored. This chapter focuses on their use in the context of the regulation of single-case situations.

There is now a considerable amount of literature about how the phenomenon of the climate change-related movement should be ‘conceptualized’ — that is, how it should be understood as an area of ...
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There is now a considerable amount of literature about how the phenomenon of the climate change-related movement should be ‘conceptualized’ — that is, how it should be understood as an area of academic inquiry and a subject of legal and policy development. This chapter does not rehearse the debates on this issue, but rather synthesizes contemporary approaches and explain why the ‘lens’ through which the phenomenon is viewed can dramatically change the way it is perceived and regulated. Conceptualization is therefore key to presenting the ‘issue’ to be tackled, and devising appropriate policy responses to address it. The chapter draws on fieldwork undertaken in three countries which have become synonymous with the notion of climate change-related displacement in Kiribati, Tuvalu, and Bangladesh.Less

Conceptualizing Climate Change-Related Movement

Jane Mcadam

Published in print: 2012-02-01

There is now a considerable amount of literature about how the phenomenon of the climate change-related movement should be ‘conceptualized’ — that is, how it should be understood as an area of academic inquiry and a subject of legal and policy development. This chapter does not rehearse the debates on this issue, but rather synthesizes contemporary approaches and explain why the ‘lens’ through which the phenomenon is viewed can dramatically change the way it is perceived and regulated. Conceptualization is therefore key to presenting the ‘issue’ to be tackled, and devising appropriate policy responses to address it. The chapter draws on fieldwork undertaken in three countries which have become synonymous with the notion of climate change-related displacement in Kiribati, Tuvalu, and Bangladesh.

The guides to legislative intention, otherwise known as interpretative criteria, are: (1) common law and statutory rules; (2) principles derived from legal policy; (3) presumptions based on the ...
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The guides to legislative intention, otherwise known as interpretative criteria, are: (1) common law and statutory rules; (2) principles derived from legal policy; (3) presumptions based on the nature of legislation; and (4) general linguistic canons applicable to any piece of English prose. Rules of statutory construction are those laid down at common law and those laid down by statute. The basic rule, laid down at common law, is that enactments shall be construed according to the general guides laid down by law; and that where these conflict there must be weighing and balancing the interpretative factors concerned. Rules laid down at common law also include: (1) regard must be had to the juridical nature of an enactment; (2) the plain meaning rule; (3) the commonsense construction rule. Statutory rules are laid down either by the Interpretation Act 1978 (applicable generally) or by an individual Act (for that Act only).Less

Rules of interpretation

F. A. R. Bennion

Published in print: 2009-05-28

The guides to legislative intention, otherwise known as interpretative criteria, are: (1) common law and statutory rules; (2) principles derived from legal policy; (3) presumptions based on the nature of legislation; and (4) general linguistic canons applicable to any piece of English prose. Rules of statutory construction are those laid down at common law and those laid down by statute. The basic rule, laid down at common law, is that enactments shall be construed according to the general guides laid down by law; and that where these conflict there must be weighing and balancing the interpretative factors concerned. Rules laid down at common law also include: (1) regard must be had to the juridical nature of an enactment; (2) the plain meaning rule; (3) the commonsense construction rule. Statutory rules are laid down either by the Interpretation Act 1978 (applicable generally) or by an individual Act (for that Act only).

The authors conclude by examining their emergent theory, and the contributions that their study makes to studies of legal consciousness and to social and legal policy. They indicate that their ...
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The authors conclude by examining their emergent theory, and the contributions that their study makes to studies of legal consciousness and to social and legal policy. They indicate that their research reveals how LGBT individuals frame their access to the creation and maintenance of families; the legal, social, and geographic obstacles to those goals; and their responses and reactions to those obstacles. The authors find that individual factors such as demographics and familial desires; mediating factors such as social networks, legal actors, and organizations; and legal context all interact with cultural discourses about the law in order to shape LGBT parents’ legal consciousness. Their findings thus illustrate that there is no single experience of LGBT parents with regard to legality. Their legal consciousness as part of the parenting process is as varied and contextual as the legal and sociopolitical environments in which they reside.Less

Conclusion : LGBT Parents Constructing Legality

Amanda K. BaumleD’Lane R. Compton

Published in print: 2015-12-18

The authors conclude by examining their emergent theory, and the contributions that their study makes to studies of legal consciousness and to social and legal policy. They indicate that their research reveals how LGBT individuals frame their access to the creation and maintenance of families; the legal, social, and geographic obstacles to those goals; and their responses and reactions to those obstacles. The authors find that individual factors such as demographics and familial desires; mediating factors such as social networks, legal actors, and organizations; and legal context all interact with cultural discourses about the law in order to shape LGBT parents’ legal consciousness. Their findings thus illustrate that there is no single experience of LGBT parents with regard to legality. Their legal consciousness as part of the parenting process is as varied and contextual as the legal and sociopolitical environments in which they reside.

This chapter examines tensions in Japanese colonial legal policy toward the widespread Taiwanese custom of sim-pua marriage, whereby a girl was adopted at a very young age and raised in the family of ...
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This chapter examines tensions in Japanese colonial legal policy toward the widespread Taiwanese custom of sim-pua marriage, whereby a girl was adopted at a very young age and raised in the family of her intended husband and then married in her teens to that adoptive brother. It contextualizes colonial policy toward this practice within the debate on whether the Japanese civil code should be extended to Taiwan. In the aftermath of the 1923 decision to continue to use customary law to rule on family matters, courts struggled to reconcile the “civilizing mission” that authorized Japanese colonial rule with the requirement to respect custom. Through the careful reading of cases, this chapter explores how sim-pua, their natal families, and adoptive brothers/would-be husbands used the colonial courts to assert their agency.Less

Sim-pua under the Colonial Gaze : Gender, “Old Customs,” and the Law in Taiwan under Japanese Imperialism

Chen Chao-ju

Published in print: 2013-12-31

This chapter examines tensions in Japanese colonial legal policy toward the widespread Taiwanese custom of sim-pua marriage, whereby a girl was adopted at a very young age and raised in the family of her intended husband and then married in her teens to that adoptive brother. It contextualizes colonial policy toward this practice within the debate on whether the Japanese civil code should be extended to Taiwan. In the aftermath of the 1923 decision to continue to use customary law to rule on family matters, courts struggled to reconcile the “civilizing mission” that authorized Japanese colonial rule with the requirement to respect custom. Through the careful reading of cases, this chapter explores how sim-pua, their natal families, and adoptive brothers/would-be husbands used the colonial courts to assert their agency.